Research On Reasonable Obligation Of Search Engine Service Providers In Ranking Of Bidding

Search engine bidding ranking is an inevitable outcome of the development of the Internet.It not only brings convenient,efficient and low-cost online promotion mode to advertisers,but also brings high profits to the operation and development of search engine service providers.However,when the lack of legal provisions and the ambiguity of the legal system make the economic rankings bring about Internet infringement,the infringer's responsibility cannot be properly investigated.In the search engine bidding ranking,the advertisers are often the direct infringers of network infringement,and it is understandable to pursue their tort liability according to law,but for the search engine service providers that play a leading role in the bidding ranking,whether it should be the infringement phenomenon Be responsible for? There is controversy in the academic and practical circles.However,if it is impossible to clarify the limits of responsibility of search engine service providers in the bidding rankings,it will hinder the rapid development of Internet technology and the rights of Internet users.Therefore,in order to explore the positioning and attention obligations of search engine service providers in the auction ranking,this article will be discussed in four parts,in order to draw a preliminary conclusion.The first part is the source of the obligation of search engine service providers in the auction ranking.This part analyzes the positioning of the bidding ranking and the positioning and role of the search engine service providers in the bidding ranking.In view of the technical neutrality of bidding rankings,different scholars hold different opinions,and the artificial factors incorporated into the bidding rankings affect the neutrality of the search rankings,which in turn affects the retrieval interests of the public,and the search engine service providers The bidding ranking not only has a leading role,but also benefits from profit,and finally draws the view that the bidding ranking has advertising attributes,and concludes that the search engine service provider should have a reasonable duty of care in the bidding ranking.The second part,through the comparison of Chinese and foreign laws,draws lessons from the extraterritorial legislation on the legal provisions of China.In particular,the United States,the European Union,and Germany have refined the classification of network service providers,and set different obligations for this purpose.This method is worthy of reference in Chinese law.In addition,this article has a deeper understanding of the reasonable attention obligations of search engine service providers in the bidding ranking by enumerating the deficiencies in the regulations of different laws and regulations in China.The third part analyzes the constituent elements and the principle of imputation in network infringement,and tries to explore the scope of the duty of care of the search engine service providers and the way of undertaking.By exploring the constituent elements of network infringement,the causal relationship between the subjective and objective faults of the search engine service providers and the network infringement results is obtained,and then the search engine service providers are responsible for the fault in the bidding infringement phenomenon.Finally,combined with the search engine service provider's bidding transaction process,the "gradient attention obligation" is set for the search engine service provider.The fourth part makes perfect suggestions for the reasonable attention of search engine service providers in the bidding ranking from the aspects of perfecting legislation,setting system and industry self-discipline,in order to guide and help the Internet through external norms and self-discipline in the industry.The industry is flourishing and sustainable.